As the saying goes, "one day the couple hundred days grace,", two people love, marriage is for the life of fighting, the contradiction is more and more big, the feelings of the couple eventually rupture. One party is determined to divorce, the other party does not give the fuqiqing does not agree to divorce, want to divorce that one party can only through the procedure to achieve the purpose of divorce. Then, the divorce process is like? To go through what stage?

The prosecution stage, a divorce proceedings

Divorce cases prosecuted, refers to the marriage with a people's court according to the law of marriage relationship termination request. The prosecution party is the plaintiff, the defendant is accused of one of the parties, after the commencement of litigation, the parties shall have the right of action, bear the legal obligations.

According to the provisions of the Civil Procedure Law of our country, the civil prosecution of the case must meet four conditions. A divorce case also belongs to the civil case, so Sue divorce procedures must also comply with the civil procedure law and has its own characteristics:

The plaintiff must have a direct interest in the case of individual;

There are definite defendant;

The specific claim and the facts, reasons;

It belongs to the people's court jurisdiction v.. According to the provisions of China's "civil law", divorce proceedings for territorial jurisdiction. The divorce party, must to the domicile of a suit in a people's court, the defendant domicile and habitual residence is not the same, to the people's court to prosecute.

Only with the above four conditions of the divorce case, the people's court to accept.

Sue divorce procedure, prosecution shall be submitted to the people's court petition and copy. It includes the following aspects:

The plaintiff, the defendant's name, gender, age, place of birth, work units and present address;

The claim and the facts and reasons;

The evidence and its source, the name and address.

The people's court decides to accept the case, litigation divorce proceedings began.

The trial stage two, divorce proceedings

The trial, is refers to the people's court to prosecute, began proceedings, sum to all survey work done before the verdict. In accordance with the provisions of the Civil Procedure Law of China, the trial can be divided into three stages: the preparation before trial, mediation, court:

1, the preparation before trial

The people's court in divorce proceedings after the receipt, after examination, conforms to the register condition, it shall file a case within 7 days, and in the case within 5 days after the complaint to the defendant will serve a copy, the defendant in a lawsuit within 15 days received copies of pleadings; judges review lawsuit material, investigation and study, the collection of evidence; the people's court shall change does not meet the conditions of bringing or defending parties, notify the eligible parties to participate in the proceedings; according to the party litigation request for litigation preservation or advance payment.

2, mediation

The people's court in divorce cases, mediation should first parties, the parties to eliminate differences, mutual understanding, which reached a divorce or reconciliation agreement. A good agreement, the people's court shall deal records? Storage volume, generally do not send mediation; reached a divorce agreement, the people's court shall be mediation by the judges, secretary, signed, and sealed by the people's court. Mediation has the same legal effect and the verdict.

3, the trial

The people's court mediation fails, the court. Three days before the hearing to notify the parties and other participants in the proceedings the court date. Before the hearing, by the clerk to the parties and other participants in the proceedings are present, Xuan cloth court rules. The judge check party, announce the cause of action, the judges whether the announced withdrawal; after that, to the court, ask the parties and the statements of the parties; the rights and obligations of the parties to inform, witnesses, read witnesses who are not present in court testimony; ask the expert, read the authentication conclusion; presentation of documentary evidence, material evidence and audio-visual materials; read the pen. Then, start the court debate, the plaintiff and his agents ad litem to speak, the defendant and his agent ad litem speech, both sides debate with each other.

Decision stage three, divorce proceedings

According to the court, to mediation, mediation fails, shall be sentenced to. The people's court shall be heard in public. In court, shall, within ten days of delivery judgment; a fixed date, the judgment after the verdict.

Divorce cases of first instance over. If the parties refused to accept the verdict, but to appeal to a higher court, for instance the proceedings.

Above is the introduction of the divorce proceedings. Cases of divorce proceedings, the parties are required to appear in court, if the defendant court announcement legal subpoena refuses to appear in court litigation, the people's court may make a judgment by default.

(Law Consulting Hotline: 400-676-6088)

Find French: www.findlaw.cn